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Dupee & Monroe

Assaulting a Police Officer: New York Defense Lawyer

If you have been charged with assault on a police officer, you need a seasoned and effective New York defense lawyer in your corner as soon as possible.  Assaulting a police officer is an extremely serious charge in New York, and a conviction carries severe penalties.  Even in its lowest degree, a conviction for assaulting a police officer is likely to land a defendant in prison for several years.  Moreover, prosecutors and courts in New York tend to seek especially harsh sentences for defendants convicted of assault on a police officer.  Unfortunately, many such charges are trumped-up to cover up instances of police brutality.

From their office in Goshen, the New York criminal defense attorneys at Dupée & Monroe, P.C. help people throughout the Hudson Valley and Orange County who have been charged with assault on a police officer and other serious charges.  If you are facing felony charges for assaulting an officer, call our experienced and zealous assault defense legal team for advice and representation.

Assault on a Peace Officer in New York

Pursuant to New York Penal Code 120.08, assault on a peace officer is a Class C felony.  A person is guilty of assault on a peace officer when:

  • With intent to prevent a qualifying officer from performing their official duty;
  • A person causes serious physical injury to that officer.

Officials covered by section 120.08 include peace officers, police officers, firemen, paramedics, and emergency medical service technicians.

Assault in the Second Degree

Individuals arrested for assaulting a police officer may instead be charged with assault in the second degree.  Assault in the second degree is chargeable against defendants who cause serious injury to any person, or who cause injury to certain covered officials (including police officers, prosecutors, and others).  Assault in the second degree is a Class D felony, which makes it a slightly lesser charge than assault on a peace officer, but still a felony. 

Aggravated Assault on a Police Officer

A person is guilty of aggravated assault on a police officer when they cause serious injury to a peace or police officer by means of a deadly weapon or dangerous instrument.  Deadly weapons include guns, knives, bombs, and other weapons.  Aggravated assault on an officer is a class B felony. 

Penalties for Assaulting an Officer

The penalties for assaulting an officer are severe even for the least of the charges available.  Depending on the specific conduct of the defendant, the means used, and the nature of the victim, a defendant convicted of assaulting a police officer could face many years in prison.

  • Assault in the second degree is a Class D violent felony, punishable by up to seven years in prison.
  • Assault on a peace officer is a Class C violent felony, punishable by up to 15 years in a state prison.
  • Aggravated assault on a police officer or peace officer is a Class B violent felony, punishable by up to 25 years in a state prison, even on a first offense.

Defendants with prior convictions face more severe penalties as well as higher mandatory minimum sentences.

Defending Against Assault on Police Officer Charges

It is all-too-easy to get railroaded by the criminal justice system when faced with charges of assaulting a police officer.  A seasoned New York criminal defense attorney can investigate what really happened at the time of the offense, rooting out whether the officer overstated the conduct of the defendant or even whether the arresting officer was trying to cover up their own illegal conduct.  Your defense lawyer will protect your constitutional rights while ensuring you present the best defense in court.  Moreover, if there was no serious injury to any officer, then the most serious charges are off the table.  The best defense available depends on the specific circumstances of your arrest.

Get Help Today After Your Arrest for Assault on a New York Police Officer

The lawyers at Dupée & Monroe have decades of experience helping people like you build the strongest defense possible against charges of assaulting a police officer or other official.  If you have been arrested for assault on an officer or other offenses in Goshen, Orange County or anywhere in the Hudson Valley region, contact Dupée & Monroe, P.C., for immediate assistance from our dedicated criminal defense attorneys.

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